An OBC candidate who was not selected in the 2018 SSC Constables (GD) recruitment sought relief claiming marks above the last unreserved selectee. Following coordinate-bench orders dismissing similar petitions, the court found the petition filed in 2024 hit by delay and laches and dismissed it.
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GAHC010195332024
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/5271/2024
NABUL DUWARAH S/O LILARAM DUWARAH R/O VILL- TENGAPUKHURI MOHAN P.O. AND P.S. MOTHURAPUR DIST. SIVASAGAR ASSAM PIN-786689 (ROLL NO. 5102010314)
VERSUS
THE UNION OF INDIA AND 8 ORS REPRESENTED BY THE SECRETARY TO THE UNION OF INDIA MINISTRY OF HOME AFFAIRS NEW DELHI-110001.
2:THE STAFF SELECTION COMMISSION (SSC)
REPRESENTED BY THE CHAIRMAN/SECRETARY STAFF SELECTION COMMISSION BLOCK-12 CGO COMPLEX
LODHI ROAD
NEW DELHI-110003.
3:THE REGIONAL DIRECTOR (NER)
STAFF SELECTION COMMISSION
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RUKMINI NAGAR
GUWAHATI-06.
4:THE DIRECTOR GENERAL
BOARDER SECURITY FORCE (BSF) BLOCK NO. 10 LODDHI ROAD PRAGATI VIHAR NEW DELHI-110003.
5:THE DIRECTOR GENERAL
CENTRAL INDUSTRIAL SECURITY FORCE (CISF) BLOCK NO. 13 CGO COMPLEX NEW DELHI-110003
6:THE DIRECTOR GENERAL
CENTRAL RESERVE POLICE FORCE (CRPF) CGO COMPLEX LODHI ROAD NEW DELHI-110003
7:THE DIRECTOR GENERAL
ASSAM RIFLES NONGRIMMAW LAITUMUKHRAH GORALINE SHILLON MEGHALAYA-793011 8:THE DIRECTOR GENERAL
INDO TIBETAN BOARDER FORCE (ITBP) BLOCK NO. 10 LODI ROAD NEW DELHI-110003.
9:THE DIRECTOR GENERAL SHAHASRA SEEMA BAL ( SSB) 5-6 VIVEKANANDA MARG EAST BLOCK R.K. PURAM NEW DELHI-110022
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Advocate for : MR. K R PATGIRI Advocate for : DY.S.G.I. appearing for THE UNION OF INDIA AND 8 ORS
BEFORE
HONOURABLE MR. JUSTICE NELSON SAILO
ORDER
Date : 08.11.2024
Heard Mr. K. R. Patgiri, learned counsel for the petitioner, who submits that the petitioner responded to the employment notice dated 21/07/2018 for recruitment to the post of Constables (GD) in Central Armed Police Forces (CAPFs), NIA & SSF and Rifleman (GD) in Assam Rifles (AR) Examination, 2018.
2. According to the petitioner, he participated in the selection process and he secured marks more than the last candidate who was selected from the unreserved category. The petitioner belongs to the OBC category. In this connection, the learned counsel for the petitioner has drawn the attention of this Court to the marks declared by the Staff Selection Commission. It may be seen that the instant selection process happened in the year 2018 and according to the counsel for the petitioner, the final result was declared on 28.01.2021.
3. At this stage Ms. S. Baruah, learned CGC, who represent the respondent Union of India has produced two orders passed by the coordinate Bench of this Court i.e. order dated 28.06.2024 passed in WP(C) no. 3322 of 2024 (Sajal Sinha and 2 others Versus The Union of India and 9 others) and order dated 23.10.2024 passed in WP(C) no. 4425 of 2024 (Manash Protim Gogoi Versus The
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Union of India and 4 others) , and submits that the instant writ petition is also hit by delay & laches and should be dismissed.
4. From a perusal of the said orders it is seen that the petitioners there in had also claimed similar relief after they were not selected in terms of the selection process initiated pursuant to the advertisement notice dated 21.07.2018. The writ petitions were dismissed on account of delay and laches. The claim of the petitioner in the instant case from a perusal of the materials on record are found to be similar and identical.
5. Since according to the petitioner himself the result were declared on 28.01.2021, the writ petition having been filed only on 25.09.2024, the same is found to be hit by delay and laches and accordingly the same is dismissed.
JUDGE
Comparing Assistant
1 issue framed by the court
Is a writ petition challenging non-selection in the 2018 Constable (GD) recruitment barred by delay and laches when filed in 2024 after results declared in 2021?
Colour shows how this judgement treated each authority
Sajal Sinha and 2 others Versus The Union of India and 9 othersRelied on¶4
WP(C) no. 3322 of 2024 (Sajal Sinha and 2 others Versus The Union of India and 9 others)
Manash Protim Gogoi Versus The Union of India and 4 othersRelied on¶4
order dated 23.10.2024 passed in WP(C) no. 4425 of 2024 (Manash Protim Gogoi Versus The Union of India and 4 others)
Nabul Duwarah
The Union of India
The Staff Selection Commission (SSC)
The Regional Director (NER), Staff Selection Commission
The Director General, Border Security Force (BSF)
The Director General, Central Industrial Security Force (CISF)
Nelson Sailo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
